Miller v. Heimuller et al
| Tyler Miller |
| Henry Heimuller, Bruce Holsey, Jeff Flatt and Shelley Hennessy |
| 3:2023cv00293 |
| February 28, 2023 |
| US District Court for the District of Oregon |
| Michael H Simon |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on March 12, 2024. A more recent docket listing may be available from PACER.
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Filing 41
Declaration of Karen M. O'Kasey (DOCUMENT FILED UNDER SEAL). Filed by All Defendants. (Related document(s): Response to Motion (DOCUMENT FILED UNDER SEAL) #39 .) (Attachments: #1 Exhibit 1) (dino)
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Filing 40
Declaration of Michael Fletcher (DOCUMENT FILED UNDER SEAL). Filed by All Defendants. (Related document(s): Response to Motion (DOCUMENT FILED UNDER SEAL) #39 .) (dino)
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Filing 39
Response to Motion for Preliminary Injunction #27 (DOCUMENT FILED UNDER SEAL). Filed by All Defendants. (dino)
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Filing 38
Response to Motion to Quash Portions of Subpoena to Third Parties #35 (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (dino)
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Filing 37
SCHEDULING ORDER - Plaintiff's response to Defendants' Motion to Quash Portions of Subpoena to Third Parties (ECF #35 ) is due April 25, 2023. The Court will evaluate the need for additional briefing after considering Plaintiff's response. Ordered by Judge Michael H. Simon. (mja)
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Filing 36
Declaration of Karen O'Kasey in Support of Motion to Quash #35 (DOCUMENT FILED UNDER SEAL). Filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (dino)
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Filing 35
Motion to Quash Portions of Subpoena to Third Parties (DOCUMENT FILED UNDER SEAL). Filed by All Defendants. (dino)
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Filing 34
ORDER - After reviewing in camera the Peterkin Report submitted by Defendants, the Court concludes that Defendants have not waived their attorney-client privilege regarding the contents of attorney Michael Peterkin's legal advice to Defendants, which is the relevant "subject matter" for this analysis, not Van Meter's factual investigation. Defendants thus need not disclose the Peterkin Report to Plaintiff. Signed on 4/17/2023 by Judge Michael H. Simon. (mja)
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Filing 33
Reply in Support of Motion to Unseal Court Documents #21 . Oral Argument requested. (DOCUMENT FILED UNDER SEAL). Filed by All Defendants. (dino)
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Filing 32
Declaration of Sharrie Ryan (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (Related document(s): Motion for Preliminary Injunction (DOCUMENT FILED UNDER SEAL) #27 .) (dino)
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Filing 31
Declaration of Kriston Plantz (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (Related document(s): Motion for Preliminary Injunction (DOCUMENT FILED UNDER SEAL) #27 .) (dino)
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Filing 30
Declaration of Kellie Smith (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (Related document(s): Motion for Preliminary Injunction (DOCUMENT FILED UNDER SEAL) #27 .) (dino)
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Filing 29
Declaration of Joe Backus (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (Related document(s): Motion for Preliminary Injunction (DOCUMENT FILED UNDER SEAL) #27 .) (dino)
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Filing 28
Third Declaration of Tyler Miller (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (Related document(s): Motion for Preliminary Injunction (DOCUMENT FILED UNDER SEAL) #27 .) (Attachments: #1 Exhibits 1-2) (dino)
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Filing 27
Motion for Preliminary Injunction (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (dino)
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Filing 26
Declaration of Cody Hoesly. (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (eo)
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Filing 25
Response to Motion to Unseal Court Documents (#21 ). Oral Argument requested. (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (eo)
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Filing 23
SCHEDULING ORDER - At the parties' request, the Court is resetting the Preliminary Injunction Hearing from 3/30/2023 to 5/19/2023 at 1:00 p.m. in Courtroom 15B, before Judge Michael H. Simon. ORDER - By stipulation of the parties, the TRO is effective through the date of the Preliminary Injunction Hearing. Ordered by Judge Michael H. Simon. (mja)
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Filing 22
Declaration of Karen O'Kasey in Support of Motion to Unseal Court Documents (#21 ) (DOCUMENT FILED UNDER SEAL). Filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (dino)
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Filing 21
Motion to Unseal Court Documents (DOCUMENT FILED UNDER SEAL). Oral Argument requested. Filed by All Defendants. (dino)
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Filing 20
Opinion and Order - Plaintiff may physically attend any public meetings that the C911 board conducts in person that is otherwise open to the public. 2. Defendants Henry Heimuller, Bruce Holsey, Jeff Flatt, and Shelley Hennessy, and any persons working in active concert with them, may not prohibit Tyler Miller from physically attending any public, in-person C911 meetings. Defendants, however, may hold such a meeting in a publicly accessible space that is separated from the rest of the C911 facility that is not otherwise open to the public. 3. In the interest of justice, Plaintiff need not provide any security, and the Court waives all requirements under Rule 65(c) of the Federal Rules of Civil Procedure. 4. This Temporary Restraining Order shall expire on April 6, 2023, at 2:00 p.m., which is twenty-eight (28) days after the Court's Order orally stated on March 9, 2023, unless otherwise extended by stipulation of the parties or by further Order of the Court. 5. The Court will receive evidence and hear argument on Plaintiff's motion for preliminary injunction on Thursday, March 30, 2023, at 2:00 p.m. in Courtroom 15B of the United States Courthouse in Portland, Oregon. The parties may, after conferring, request that the Court conduct this hearing on a different date or time. Signed on 3/13/2023 by Judge Michael H. Simon. (mja)
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Filing 19
MINUTES OF TEMPORARY RESTRAINING ORDER HEARING: ORDER - The Court GRANTS Plaintiff's Motion for Temporary Restraining Order (ECF #2 ). Formal Order to follow. Clifford S. Davidson present as counsel for Plaintiff. Karen M. O'Kasey present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 18
Declaration of Dustin Hald (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (Related document(s): Reply to Motion (DOCUMENT FILED UNDER SEAL) #14 .) (dino)
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Filing 17
Declaration of Peter O. Watts (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (Related document(s): Reply to Motion (DOCUMENT FILED UNDER SEAL) #14 .) (dino)
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Filing 16
Declaration of Peter McHugh (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (Related document(s): Reply to Motion (DOCUMENT FILED UNDER SEAL) #14 .) (dino)
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Filing 15
Declaration of Tyler Miller (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (Related document(s): Reply to Motion (DOCUMENT FILED UNDER SEAL) #14 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (dino)
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Filing 14
Reply in Support of Motion for Temporary Restraining Order #2 (DOCUMENT FILED UNDER SEAL). Filed by Tyler Miller. (dino)
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Filing 13
SCHEDULING ORDER - At the Plaintiff's unopposed request, Plaintiff's reply in support of his Motion for Temporary Restraining Order (ECF #2 ) is due by 11:00 a.m. on Thursday, March 9, 2023. Ordered by Judge Michael H. Simon. (mja)
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Filing 12
Declaration of Dannell Hooper in Support of Opposition to Motion for Temporary Restraining Order (#2 ). (DOCUMENT FILED UNDER SEAL). Filed by All Defendants. (eo)
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Filing 11
Declaration of Declaration of Chandra Egan in Support of Opposition to Motion for Temporary Restraining Order (#2 ). (DOCUMENT FILED UNDER SEAL). Filed by All Defendants. (Attachments: #1 Exhibit 1) (eo)
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Filing 10
Declaration of Michael Fletcher in Support of Opposition to Motion for Temporary Restraining Order (#2 ). (DOCUMENT FILED UNDER SEAL) Filed by All Defendants. (eo)
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Filing 9
Response in Opposition to Motion for Temporary Restraining Order #2 , (DOCUMENT FILED UNDER SEAL). Filed by All Defendants. (O'Kasey, Karen)
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Filing 8
ORDER - Until further order of the Court, all filings in this case going forward shall be under seal. Any party is welcome to file a motion to lift or modify this order or unseal documents, which will be ruled upon promptly after all parties have had an opportunity to be heard. Ordered by Judge Michael H. Simon. (mja)
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Filing 7
SCHEDULING ORDER - The Court sets a briefing schedule on Plaintiff's Motion for Temporary Restraining order (ECF #2 ) as follows: Defendants' response is due on Tuesday, March 7, 2023 by 4:00 p.m.; Plaintiff's reply is due by March 8, 2023 at 4:00 p.m.; and a Hearing is set for Thursday, March 9, 2023 at 1:00 p.m. in Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja)
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Filing 6
Declaration of Drew Eyman Regarding Efforts to Serve Defendants. Filed by Tyler Miller. (Related document(s): Motion for Temporary Restraining Order #2 , Complaint, #1 .) (Eyman, Drew)
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Filing 5
Summons Issued Electronically as to Jeff Flatt, Henry Heimuller, Shelley Hennessy, Bruce Holsey. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (dino)
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Filing 4
Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 6/29/2023. Joint Alternate Dispute Resolution Report is due by 7/31/2023. Pretrial Order is due by 7/31/2023. Ordered by Judge Michael H. Simon. (dino)
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Filing 3
Declaration of Tyler Miller . Filed by Tyler Miller. (Related document(s): Motion for Temporary Restraining Order #2 .) (Attachments: #1 Exhibit 1 through 6) (Davidson, Clifford)
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Filing 2
Motion for Temporary Restraining Order . Expedited Hearing requested. Filed by Tyler Miller. (Davidson, Clifford)
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Filing 1
Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8837302 Jury Trial Requested: No. Filed by Tyler Miller against All Defendants (Attachments: #1 Exhibit 1 through 6, #2 Civil Cover Sheet, #3 Proposed Summons for all defendants). (Davidson, Clifford)
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